Section 3.03. Request for hearing.

 

(1)  All requests for hearings:

(a) Shall be in writing;

(b) Shall contain an address and telephone number where the person requesting the hearing may receive service of documents relative to the hearing; and

(c) Shall set forth the reasons which support the request for hearing. The documents should take the form of a pleading in a civil case, where practicable.

(2)  

(a) Requests for hearing from orders of the stewards suspending an occupation licensee, recommending denial or revocation of an occupation licensee, imposing a forfeiture on an occupation license or from orders of the stewards excluding an occupation licensee shall be instituted by filing a written request for a hearing no later than 7 days after notice of the suspension, forfeiture or exclusion has been communicated to the licensee. A request for hearing shall not stay enforcement of the decision of the stewards. If the party requesting the appeal desires that the administrator stay the decision of the stewards, the party shall specify in the request for stay the reasons supporting the issuance of the stay. The administrator shall decide whether to grant the stay within 48 hours of receipt of the request.

(b) The chief steward shall compile and review a copy of the transcript related to the stewards inquiry and other written materials on file with the division regarding the matter being appealed. The chief steward shall prepare a report of the chief steward's review and file it with the administrator within 7 days of the division's receipt of a request under this section.

(3)  All other requests for hearing shall be instituted by filing a written request for hearing no later than 30 days after receipt of notice of the action of the department which gives rise to the right to a hearing.

(4)  Requests for hearing may be filed in person or by certified mail to the division's administrative office at 2005 W. Beltline Hwy., Suite 201, P. O. Box 8979, Madison, WI, 53708-8979. Requests submitted by certified mail shall be deemed timely if they are postmarked within the applicable time frame for filing an appeal.

(5)  Any party appealing an action affecting the distribution of a purse shall serve all other owners of an animal in the race, as identified in the official program, with a copy of the request for hearing. A copy of such notices shall be filed with the request for hearing.

History: Cr. Register, March, 1990, No. 411 , eff. 4-1-90; am. (1) (b), (c) and (2) to (4), Register, November, 1999, No. 527 , eff. 12-1-99; CR 03-070 : renum. (2) to be (2) (a), cr. (2) (b) Register November 2003 No. 575 , eff. 12-1-03 .